Is it legal 2 make mandatory break when u can not leave work and u still have to work while on break?

Question

I work 3rd shift at cafe baking, I am now required to take a mandatory break at 12:30am, when I come in at 10pm. I am alone all night, I can not leave cafe, not even on break, I also have to get up and still work cause they we have to rotate product that is in oven while on break, we are required to stay in cafe from 10pm until 6:30am, It seems to me that the company I work for is trying to get a extra half hour of labor without paying for it, I always end up working through my break to finish task because there is not enough time otherwise. Now if we forget to clock in or out during break or in general they are denying are wages! This can not be allowed can it?

Answer 1

Legal? No, it's not. You are working a full time job.  The 30-minute break should be a dinner break (8-5ers call it a lunch break) and that is legally your time to do as you please, not work. You are also required to get 2 15-minute breaks during your day, which are on the clock and technically your supervisor can ask you to work those if emergency situations arise.  Your employer should never ask you to work on your supper break. I don't know how these laws are enforced, and if you complain you may lose your job for it. However, I would keep a log of all those extra times you worked for future reference if you want to do something about it later, like when your ready to leave the position for another. A good lawyer might be able to get you some compensation for it if you really think it's worth your time. But in today's world, be thankful for your job, and do it with a smile. There are so many people who'd step right into your job if it was open. Please think about it. Good Luck.

Edit: I think Missa got the breaks mixed up, I live in NC and lunch or dinner breaks are completely off the clock/unpaid. 2 15-minute breaks during the day are paid, on the clock, and according to our laws, the manager can give you those but can ask you to work if emergency situations arise.

Jay is absolutely correct in it being illegal to work you without being paid. He probably deserves a "best answer" for a straight answer, however, things in the real world are not always so easy. You can report your boss if you'd like, and maybe, to be truthful, you should. However, I know employers who all of a sudden gave the one they thought was a "trouble maker" less hours to work, making it not worth their time so they'd quit. Or they'd start finding fault with everything they did so that they'd have a "reasonable reason" to fire them (and then the employee would not be able to collect unemployment).  I'll tell you, they find a way. I have put in many off the clock hours in my job, but my paycheck always comes, every month, for those 40 hours I do work. Depends on your boss, maybe something else can be worked out. I know some group home owners allow their third shift to work 8 straight hours (instead of 81/2 with an off the clock break), and 2 15-min breaks then they go home.  About  you not having to feel thankful for your job? No,  you don't have to feel that way, but if your not thankful for it, and you don't enjoy it, then you need to look for something you are thankful for. What I posted may not be what you wanted to hear, but it's reality, and the choice is yours Fair or not (in this case not). Good Luck with whatever you decide.

Answer 2

LOL oh man, I fought my boss to the death on this one!! As soon as she got a letter from someone in the labor laws department we finally were given our breaks. :)

one 10min PAID rest break is mandatory for every 4 hours worked. and I believe at least 30 minutes unpaid break for every 8 hours. The law varies by state, but not by much. try googling "labor laws" and your state and see what comes up. I'm pretty sure you can turn them in for not allowing you 10 minutes of a PAID break tho. But like I said, it varies by state.

Answer 3

I don't know the specific labor laws of your state, but I can tell you one thing without doubt - if you are working when you're clocked out, you are not getting paid for your work and *that* is illegal.

If you're on good enough footing with your employer, you should explain to them that working off the clock is illegal and if they know about it and require you to do it they could face heavy penalties.  As a business they should (and probably already do) know this simple fact, and may be consciously choosing to exploit you.  Do not let them.  You shouldn't have to "feel lucky just to have a job" -  you have rights and you shouldn't be expected be lose 2.5 hours pay per week just because your employer doesn't know or doesn't care about U.S. labor law.

I would urge you to call your local labor board.  They can tell you what can be done to remedy this situation if your employer is unwilling to stop.  They will also be able to tell you what your state's rest period and meal break regulations are.  

More info:

State by state meal and break laws:

http://www.dol.gov/esa/programs/whd/stat...

The US Department of Labor's Wage-Hour toll-free info and help number:  1-866-4USWAGE (1-866-487-9243).

Answer 4

its more like your job doesnt want to get in trouble with the board of labor. i would try and get my boss to add time to your check. to make up for you working through your "break"  i worked for a store and had same problem i was alne how the fk was i suppose to take a real break.